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CLASSIFICATION OF LAW
a. Definition of Law

 2. Positive Law a) Divine Law 

A.) In its GENERIC sense (Divine Positive Law and Divine

 Human Positive Law)

“Law is defines as the science of moral laws based on the
rational nature of man, governing his free activity for the b) Public Law 

realization of his individual and social ends, demandable 

i. Constitutional Law - the
and reciprocal.”
fundamental law of the land
which defines the powers of the
“Law means any rule of action or norm of conduct government

applicable to all kinds of action and to all objects of 

creation. In includes all laws, whether they refer to state ii. Administrative Law - that
law, physical law, divine law, and others.” law which fixes the organization
and determines the competence
“Law is a system of principles and rules of human of the administrative authorities
conduct, being the aggregate of those commandments and and which regulates the methods
principles which are either prescribed or recognized by by which the functions of the
the governing power in an organized jural society as its government are performed



will in relation to the conduct of the members of such
iii. International Law - body of
society, and which it undertakes to maintain and sanction rules which regulates the
and to use as the criteria of the actions of such members.” community of nations


 

B.) In its STRICT sense iv. Private Law - body of rules
which creates duties, rights and
Law is a rule of conduct, just and obligatory, laid obligations, and the means and
down by legitimate authority for common observance methods of setting courts in
and benefit. (Sanchez Roman, 23)
 motion for the enforcement of a

 right or a redress of wrong.



Law is an ordinance of reason promulgated by
KINDS OF PRIVATE LAW

competent authority for the sake of common good. (St. 

Thomas Aquinas)
 • Substantive Private Law -

 those rile which declare legal
- It must be REASONABLE or based in relations of litigants when the
REASON and not merely in the will of legislator. It is for courts have been properly
COMMON GOOD because the end of the LAW is the moved to action upon facts duly
good of the community. It binds and not merely the good presented to them.

of the lawmaker or a special interest group.
 

• Procedural or Adjective
Private Law - refers to the
CLASSIFICATION OF LAW means and methods of setting
the courts in motion, making the
1. Natural Law a) Physical Law - facts known to them and
universal rule of action effectuating their judgments.
that governs the conduct 

and movement of things 

which are non-free
material
 


 

b) Moral Law - set of
rules which establishes 

what is right and what is
wrong as dictated by the
human conscience and as
inspired by the eternal law.
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SOURCES OF LAW
1. Legislation
2. Precedent
3. Custom
4. Court Decision
1. LEGISLATION - a law passed by a legislative body
(Congress); specifically, legislation enacted by any
lawmaking body. It applies to all persons within the
jurisdiction of the legislative body acting on them.
Upon the imposition of Martial Law and after the
dissolution of Old Congress, the power to legislate law is
vested in the President of the Philippines. This is the
reason why the President issued presidential decrees and
letter of instruction. When Batasang Pambansa was
organized, legislative power is principally vested in this
body although the President, under and by virtue of
Amendment No. 6.
Amendment No. 6 - the president may continue
to issue decrees when the exigency of the situation
requires and in case of other emergency.
Today, only the Congress (the House of the
Representative and the Senate) can legislate laws under
the operating doctrine of separation of powers.
2. PRECEDENT - rule or principles enunciated by a
court of competent jurisdiction on a question of law do
not only serve as guides but also as authority to be
followed b all other courts of equal or inferior jurisdiction
in all cases involving the same question until the same is
overruled or reversed by a superior court.
3. CUSTOM - the practices and usages of district
community have the force pf law only when they are
acknowledged and approved by society through long and
uninterrupted usage.
In the Philippines, there are several requisites
before the court considers custom. They are as follows:
a. A custom must be proved as a fact according
yo the rules of evidence (Art. 12, NCC)

b. The custom must not be contrary to law. (Art.
11, NCC).

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c. There must be a number of repeated acts and
these repeated acts must have been uniformly performed.
d. There must be a judicial intention to make a
rule of social conduct.

e. A custom must be acknowledged and approved
by society through long and uninterrupted usage.
4. COURT DECISION - judicial decisions which apply
or interpret the Constitution and the laws are part of the
legal system in the Philippines but they are not laws.
They are evidence of the meaning and interpretations of
the laws.
HIERARCHY OF LAW
Constitution
Statutes
Implementing Rules and Regulations (IRRs)
Jurisprudence
1. CONSTITUTION - the Supreme Law of the land;
basic paramount to which all other laws must conform
and to which all the persons, including the highest
officials of the land must defer.



- It is created by the sovereign people through the
ratification process; it defines the power of the entities
and the limits of that power
2. STATUTE - a written law passed by a legislative body
usually by the Congress.
3. IMPLEMENTING RULES AND REGULATIONS
(IRRs) - written by agencies in the Executive branch to
put a statute into force.
• In administrative law, rule-making is the process that
executive and independent agencies use to treat or
promulgate regulations.
4. JURISPRUDENCE - from the Latin term
jurisprudentia, meaning the study, knowledge of science
of law.
- It includes doctrines formulated by the decisions
of the Supreme Court that amplify and supplement the
written law.
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b. Elements of Law (Characteristics) - In case of doubt, the judge should presume that
“the lawmaking body intended right and justice to
A.) RULE OF CONDUCT
 prevail.”



- Laws serves as guides of an individual in relation to his - Art. 10 is necessary so that it may tip the scales
fellowmen and to his community
 in favor or right and justice when the law is doubtful or

 obscure.
1. Art. 5 (1), Revised Penal Code in
relation to nullum crimen nulla poena sine 2. Art. 5 (2), Revised Penal Code and R.A.
lege
 9344 in relation to dura lex sed lex

 

Nullum crimen nulla poena sine lege – there is no Dura lex, sed lex – The law is harsh but it is the law.
crime of there is no law that punishes the act.


ART. 5 (2), RPC. In the same way, the Court shall

ART. 5 (1), RPC. Duty of the court in connection
with acts which should be repressed but which are
not covered by law, and in cases of excessive
penalties. – 
 when a strict enforcement of the provisions of this


Whenever a court has knowledge of any act which it
may deem proper to repress and which is not
punishable by law, it shall render the proper decision,
and shall report to the Chief Executive, through the
Department of Justice, the reasons which induce the
court to believe that said act should be made the
subject of penal legislation.
 regardless of the manner their judgments are executed or
- The Court is to render the proper decision, which is the
dismissal of the case, and it should state in its
recommendation to the Chief Executive, through the
Secretary of Justice, stating the reason why the act should
be made the subject of penal legislation. This provision is
based on the legal maxim nullum crimen nulla poena
sine lege, that is there is no crime of there is no law
that punishes the act.
B.) JUST
 children in conflict with the law, which provides child-
- Laws, as guides for human conduct, should run
as golden threads through society, to the end that law may
approach is supreme ideal which is the sway and
dominance of justice.
1. Art. 10, New Civil Code

ART. 10, NCC. In case of doubt in the interpretation
or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail.

- The first duty of the judge is to apply the law –
whether it be wise or not, whether just or unjust –
provided that the law is clear, and there is no doubt. 
 Republic Act 10630, offences which only apply to a child
submit to theChief Executive, through the Department
of Justice, such statement as may be deemed proper,
without suspending the execution of the sentence,
Code would result in the imposition of a clearly
excessive penalty, taking into consideration the degree
of malice and injury caused by the offense.
- The duty of the Court is to interpret and apply laws
of their private opinion.
R.A. 9344: Section 1. Short Title and Scope. – This Act
shall be known as the “Juvenile Justice and Welfare Act
of 2006.” It shall cover the different stages involving
children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
- Republic Act No. 9344 or the “Juvenile Justice and
Welfare Act” defines the Juvenile Justice and Welfare
System as a system dealing with children at risk and
appropriate proceedings, including programs and services
for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and
development.
- As defined in R.A. No. 9344, “Child” is a person under
the age of eighteen (18) years. “Child in Conflict with the
Law” or CICL on the other hand refers to a child who is
alleged as, accused of, or adjudged as, having committed
an offence under Philippine laws.



- A child can commit an act or omission whether
punishable under special laws or the amended Revised
Penal Code which is referred to as an “offence”. Under
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and not to adults are called “status offences”. These shall
not be considered as offences and shall not be punished if
committed by a child. Examples of status offences
include curfew violations, truancy, parental disobedience
and the like. 



- The main features of R.A. No. 9344 are the diversion
and intervention programs. During the diversion process,
the responsibility and treatment of CICL will be
determined on the basis of his/her social, cultural,
economic, psychological or educational background
without resorting to formal court proceedings. If the
CICL is found to be responsible for an offence, he will be
required to undergo diversion programs without resorting
to formal court proceedings. During the intervention
programs on the other hand, they will undergo a series of
activities to address issues that caused them to commit an
offence. These may take the form of counseling, skills
training, and education. 



- R.A. No. 9344 likewise raises the age of criminal
responsibility from nine years of age under Presidential
Decree 603 to a minimum of 15 years old. CICLs aged 15
and above are also exempted from criminal liability
unless the prosecution proves that they acted with
discernment — the capacity to distinguish right from
wrong. These child offenders are also afforded all the
rights of a CICL until he/she is proven to be eighteen (18)
years old or older under the “presumption of minority”
rule. In all proceedings, law enforcement officers,
prosecutors, judges and other government officials
concerned are mandated to exert all efforts at determining
the age of the CICL.


3. Art. 7 (2) (3), New Civil Code
 imbecile or an insane person has committed an act
ART. 7 (2), NCC. When the courts declare a law to be
inconsistent with the Constitution, the former shall be
void and the latter shall govern.
- To declare a law or a treaty unconstitutional, 8 Justices
of the SC out of 11 must so declare. 

ART. 7 (3), NCC. Administrative or executive acts,
orders and regulations shall be valid only when they
are not contrary to the laws or the Constitution.


- According to the Code Commission, the last paragraph
of Art. 7 asserts that the supremacy of law and the
Constitution over administrative or executive acts.
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C. OBLIGATORY

- If laws are not enforced, the purpose for which they are
intended will not be served.

1. Dura Lex, Sed Lex

- The law is harsh, but it is the law. It follows from the
principle of the rule of law that even draconian laws must
be followed and enforced; if one disagrees with the result,
one must seek to change the law.
2. Art. 3, New Civil Code in relation to
Art. 12 (1) (2) (3), Revised Penal Code

ART. 3, NCC. Ignorance of the law excuses no one
from compliance therewith.
- Article 3 is similar to Latin maxim ignoratia legis
non excusat or “ignorance of the law excuses no one.”



- It applies to all kinds if domestic laws, whether civil or
penal, and whether substantive or remedial on grounds of
expediency, policy, and necessity to prevent evasion of
the law. However, the maxim refers only to mandatory or
prohibitive laws not to permissive or suppletory laws.
ART. 12, RPC. Circumstances which exempt from
criminal liability. — the following are exempt from
criminal liability:



1. An imbecile or an insane person, unless the
latter has acted during a lucid interval. When the
which the law defines as a felony (delito), the court
shall order his confinement in one of the hospitals or
asylums established for persons thus afflicted, which
he shall not be permitted to leave without first
obtaining the permission of the same court.

2. A person under nine years of age.



3. A person over nine years of age and under
fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this
Code.

When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall
commit him to the care and custody of his family who
shall be charged with his surveillance and education
otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
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3. Art. 15 with Arts. 1156, 1157(1), 1158 4. Art. 14, New Civil Code; Art. 2, Revised
(NCC) Penal Code

ART. 15, NCC. Laws relating to family rights and
duties or to the status , condition and legal capacity of
persons are binding upon citizens of the Philippines,
even though living abroad.
- Art. 15 refers to:



a. Family rights and duties (including parental authority,
marital authority, support);
 territory offends the State.
b. Status;
c. Condition;
d. Legal Capacity
 ART. 2, RPC. Application of its provisions. — Except


- Art. 15 stresses the principle of nationality.
 application, the provisions of this Code shall be
ART. 1156, NCC. An obligation is a juridical
necessity to give, to do or not to do. 

ART. 1157, NCC. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or commissions punished by law; and
(5) Quasi-delicts
- Law (obligations ex lege) - like the duty to pay taxes
and to support one’s family.
 5. Should commit any of the crimes against
ART. 1158, NCC. Obligations derived from law are
not presumed. Only those expressly determined in this
Code or in special laws are demandable, and shall be
regulated by the precepts of the law which establishes
them; and as to what has not been foreseen, by the
provisions of this Book. (1090)
 foreign ships, there are two (2) theories with regard to
- The law says “obligations derived from law are not
presumed.” This merely means that the obligation must
be clearly (expressly or impliedly) set forth in the law.
ART. 14, NCC. Penal laws and those of public
security and safety shall be obligatory upon all who
live or sojourn in Philippine territory, subject to the
principles of public international law and to treaty
stipulations.
- Philippines adheres to criminal law doctrine of Theory
of Territoriality. Any offense committed within our


as provided in the treaties and laws of preferential
enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and
maritime zone, but also outside of its jurisdiction,
against those who:

1. Should commit an offense while on a
Philippine ship or airship

2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or obligations
and securities issued by the Government of the
Philippine Islands.

3. Should be liable for acts connected with the
introduction into these islands of the obligations and
securities mentioned in the presiding number;

4. While being public officers or employees,
should commit an offense in the exercise of their
functions; or

national security and the law of nations, defined in
Title One of Book Two of this Code.


- It should be noted that in instaces when the offense is
committed within Philippine maritime zone on board
jurisdiction as follows:
1. French Rule - Underscoring the principle of
nationality, this rule provides that if the crime is
committed on board a foreign vessel in the Philippine
waters, it should not be prosecuted in our courts.
Except when the offense affects the peace, security,
and safety of the country.

French Rule recognizes flag or nationality of vessel.
The country of registry will have jurisdiction but
Week 1-2
when the crime violated the peace and order of the
host country (such as drug-trafficking), the host
country will have jurisdiction.

2. English Rule - English Rule provides that if the
crime is committed on board a foreign vessel in the
Philippine waters, the case is within the jurisdiction
of our courts. Except when it merely affects the
internal discipline and management of the vessel.



It strictly adheres to the territoriality principle or situs
of the crime. Th country of registry will have
jurisdiction only where the crime relates to internal
management of the vessel.
 purpose independently of Congress or of a local


It should be noted that the English Rule is applied in
Philippine jurisdiction. Article 2 as aforesaid is an
exception to the Territoriality Principle in criminal
law.


D. LAID DONWN BY LEGITIMATE AUTHORITY
 2. Preamble with Art. II, Sec. 1; Art. XVII,
- If laws are not prescribed by legitimate authority, the
people could nit be expected to observe them. Authority
coo make laws is conferred upon those duly chose by the
sovereign will of the people.
1. Art. VI (Sec. 1 with Sec. 32, 1987
Constitution Amendment No. 6)
ART. VI, SEC. 1. The legislative power shall be
vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives,
except to the extent reserved to the People by the
provision of initiative and referendum.
- The legislative power is not exclusively vested in the
Congress, in view of the reservation made regarding
initiative and referendum.
Initiative - It is the reserved power of the people to
directly propose and enact laws at polls called for the
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ART. VI, SEC. 32. The Congress shall, as early as
possible, provide a system of initiative and
referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or
approve or reject any act or law or part thereof
passed by the Congress or local legislative body after
the registration of a petition therefor signed by at
least ten per centum of the total number of registered
voters of which evert legislative district must be
represented by at least three per centum of the
registered voters thereof.
legislative body.



Referendum - It is the process by which any act or law or
part thereof passed by the Congress or by local legislative
body is submitted to the people for their approval or
disapproval.
Sec. 4; Art. XVIII, Sec. 27, 1987 Constitution
Preamble: We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a just and
humane society and establish a Government that shall
embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of independence
and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
Preamble - Derived from Latin preambulare which
means “to walk before.” It is an introduction to the main
subject. It is the prologue of the Constitution.

ART. II, SEC. 1. The Philippines is a democratic and
republican State. Sovereignty resides in the people and all
government authority emanates from them.



Republican government - a democratic government by
representatives chosen by people at large.

Democratic - a republican democracy that embodies
some features of a pure or direct democracy such as
initiative, referendum, and recall.
Manifestations of a democratic and republican state:
1. The existence of bill of rights (Art. III);
2. The observance of the rule if the majority;
3. The observance of the principle that ours is a
government of laws, and not of men;
Week 1-2 © AJ Cruz
4. The presence of elections through popular will (Art.
V);
5. The observance of the principle of separation of
powers and the system of checks and balances (Art.
VI, Sec. 1);
6. The observance of the principle that the legislature
cannot pass irreparable laws (Art. VI, Sec. 26);
7. The observance of the law on public officers (Art. XI)
and
8. The observance of the principle that the State cannot
be sued without its consent
ART. XVII, SEC. 4. Any amendment to, or revision of,
this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the approval of such
amendment or revision.
Any amendment under Section 2 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.
 excused by disuse, or custom or practice to the contrary.
Ratification – The direct approval by the people of the
amendment to, or revision of the Constitution. The final
act to make any change in the Constitution.
Need for ratification – In order that the amendment or
revision proposed by Congress or by a constitutional
convention or by the people through initiative may be
valid as part of the Constitution, the same must be ratified
by a majority of the votes cast in a plebiscite call for the
purpose
Holding of plebiscite – The plebiscite must be held not
earlier than 60 days nor later than 90 days after the
approval of such amendment or revision or certification
of the Commission on Elections of the sufficiency of the
petition, as the case may be.
 lawmakers, and which is, therefore, generally obligatory


The minimum period of 60 days is deemed adequate to
provide the voters sufficient information and time for
intelligent consideration or study of the proposed change
or revision. The constituent body may fix the date within
the period prescribed when the people may act. The time
limit of 90 days prevents undue delay in the holding of
the plebiscite. The limit of 90 days prevents undue delay
in the holding of the plebiscite.
ART. XVIII, SEC. 27. This Constitution shall take effect
immediately upon its ratification by a majority of the
7 of 10
votes cast in a plebiscite held for the purpose and shall
supersede all previous Constitutions.
3. Art. XII, Sec. 5. 1987 Constitution with
Arts. 7, 11, 12, New Civil Code
ART. XII, SEC. 5. The State, subject to the provisions of
this Constitution and national development policies and
programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social, and cultural well-being.

The Congress may provide for the applicability of
customary laws governing property rights or relations in
determining the ownership and extent of ancestral
domain.



- Section 5 expressly recognizes the legal existence and
identity of indigenous cultural communities and their
rights with respect to their ancestral lands.
ART. 7, NCC. Laws are repealed only by subsequent
ones, and their violation or non-observance shall not be
When the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.
Administrative or executive acts, orders and regulations
shall be valid only when they are not contrary to the laws
or the Constitution. (5a)
ART. 11, NCC. Customs which are contrary to law,
public order or public policy shall not be countenanced.
(n)
Custom - a rule if human action (conduct) established by
repeated acts, and uniformly observed or practiced as a
rule of society, through the implicit approval of the
and legally binding.
ART. 12, NCC. A custom must be proved as a fact,
according to the rules of evidence. (n)
Requisites before the Courts can Consider Customs:
1. A custom must be proved as a fact, according to the
rules of evidence; otherwise, the custom cannot be
considered as a source of right.

Week 1-2 © AJ Cruz 8 of 10
2. The custom must not be contrary to law (contra 

legem), public order, or public policy.
 ART. II, SEC. 9. The State shall promote a just and
dynamic social order that will ensure the prosperity and
3. There must be a number of repeated acts.
 independence of the nation and free the people from
poverty through policies that provide adequate social
4. The repeated acts must have been uniformly services, promote full employment, a rising standard of
performed.
 living, and an improved quality of life for all.

5. There must be a juridical intention (convictio juris
seu necessitatis) to make the rule of social conduct,
i.e., there must be a conviction in the community that
is the proper way of acting, and that, therefore, a
person who disregards the custom in fact also
disregards the law.
 - Th Preamble calls for the establishment of a “just and
6. There must be sufficient lapse of time.
E. FOR THE COMMON OBSERVANCE AND BENEFIT
- This recognize the Latin maxim of “Salus Populi Est
Suprema Lex” – the welfare of the people shall be the
supreme law. Laws should be applied not only to a
particular group of citizens, they are supposed to be
applied equally to all citizens regardless of their religion,
political persuasion, and status in life.
 - A human person is a being and not a thing. He is entitled
1. Preamble, with Art. II Sec. 5, 9, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, & 26, 1987
Constitution
Preamble: We, the sovereign Filipino people, imploring
the aid of Almighty God, in order to build a just and
humane society and establish a Government that shall
embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of independence
and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
ART. II, SEC. 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of
the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
- The State shall pursue maintenance of peace and order,
the protection of life, liberty and property, and the
promotion of the general welfare of the common good.
 measures that would break up or weaken the family as a


- Only when peace and order, security, and a life of
dignity are established and maintained, will political
stability and economic prosperity become attainable and
the people truly enjoy the blessings of independence and
democracy.
- The State shall promote a just and dynamic social order.
This is accomplished through policies that provide
adequate social services, promote full employment, a
rising standard of living, and an improved quality of life.


humane society” and a government that shall “promote
the common good.” Such a society must insure the
prosperity and independence of the nation and free the
underprivileged and the marginalized sectors of our
population from poverty.
ART. II, SEC. 11. The State values the dignity of every
human person and guarantees full respect for human
rights.
to respect, not because he is right or wrong but because
he is human. The value accorded to human dignity is
measured by the extent of respect for human rights,
principally the rights to life, liberty and property. A
person’s humanity is never more debased than when these
rights are violated, one way or another, with impunity.
ART. II, SEC. 12. The State recognizes the sanctity of
family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally
protect the life of the mother and the life of the unborn
from conception. The natural and primary right and duty
of parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive the
support of the Government.
- The above declaration not only has given constitutional
basis to the family as a basic autonomous social
institution. In addition, it mandates the State to recognize
the sacredness of family life and to strengthen family.


- The government may nit enact any law or initiate
social unit, o in the guise of protecting the family,
interfere in purely family matters which do not involved
the social order or any public policy.
Week 1-2 © AJ Cruz
ART. II, SEC. 13. The State recognizes the vital role of
the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs.
ART. II, SEC. 14. The State recognizes the role of women
in nation-building, and shall ensure the fundamental
equality before the law of women and men.
- In economic life, for instance, the State must promote
and uphold the equality of men and women in
employment, terms of employment, opportunities for
promotion, the practice of profession, the acquisition, the
control, and disposition of their property, pursuit of
business, etc. In certain situations, they are entitle to
special protection from the State.
ART. II, SEC. 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
- The State has obligation to promote and protect the right
of the people to health. To better fulfill this duty, it must
instill health consciousness among the people.
ART. II, SEC. 16. The State shall protect and advance the
right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
ART. II, SEC. 17. The State shall give priority to
education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and
development.
ART. II, SEC. 18. The State affirms labor as a primary
social economic force. It shall protect the rights of
workers and promote their welfare.
ART. II, SEC. 19. The State shall develop a self-reliant
and independent national economy effectively controlled
by Filipinos.
- Sec. 19 states that the constitutional guidelines in the
development of the economy: economic self-reliance,
independent national economy, and effective Filipino
control of the economy.
ART. II, SEC. 2o. The State recognizes the indispensable
role of the private sector, encourages private enterprise,
and provides incentives to needed investments.
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ART. II, SEC. 21. The State shall promote comprehensive
rural development and agrarian reform.
ART. II, SEC. 22. The State recognizes and promotes the
rights of indigenous cultural communities within the
framework of national unity and development.
Indigenous cultural communities - refers to those non-
dominant groups in our country which possess and wish
to preserve ethnic, religious, or linguistic traditions or
characteristics markedly different from the rest of the
population.
- Sec. 22 recognizes constitutionally the existence and the
rights of the indigenous cultural communities. They are
entitle to the full enjoyment, both as a group and
individuals, of all the human rights recognized in the
Constitution.
ART. II, SEC. 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
ART. II, SEC. 26. The State shall guarantee equal access
to opportunities for public service, and prohibit political
dynasties as may be defined by law.
2. Art. III, Secs. 5, 11 & 16
ART. III, SEC. 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political
rights.
Aspects of religious freedom:
1. The separation of Church and State secured in the
first sentence of the provision (Art. II, Sec, 6: the
separation of Church and State shall be inviolable);
and

2. The freedom of religious profession and worship, in
the second sentence of the provision.

ART. III, SEC. 11. Free access to the courts and quasi-
judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
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ART. III, SEC. 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

3. Art. IV, Sec. 1

ART. IV, SEC. 1. The following are citizens of the

Philippines:

[1] Those who are citizens of the Philippines at the time

of the adoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the

Philippines;

[3] Those born before January 17, 1973, of Filipino

mothers, who elect Philippine citizenship upon reaching
the age of majority; and
[4] Those who are naturalized in accordance with law.